México’s intellectual property agency, Institute for Intellectual Property, ruled in favor of a small local firm’s rights to the “iFone” name. The agency said that ads for Apple’s iPhone have encroached on the trademark.
The Mexican firm iFone S.A. de C.V. registered the name iFone in 2003 to cover specialized telephone service for call centers and businesses, well before Apple registered the similar iPhone moniker in 2007 for its popular mobile handset. iFone doesn’t make mobile telephones.
México’s Institute for Intellectual Property ruled on Thursday that the two names are phonetically identical and thus there was a trademark encroachment.
The ruling said several Mexican mobile phone carriers, including market leader America Movil, must pay a fine of about $104,000 and stop using “iPhone” as a promotional name for their calling plans.
Apple is not specifically covered by the ruling, since it doesn’t provide calling services, just handsets. Apple had previously argued the Mexican firm’s trademark had lapsed.
The ruling can be appealed, however, sources say about 68 percent of its rulings are upheld on appeal.
(from Miami Herald)
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